Will I be detained?

Don't worry, we are all human. If you had your citizen ship, and did crimes they can't take that away from you unless you did something major. I know someone whos from Europe, and has 3 felonies already, but has been a citizen since a child. Go figure. And its only human to get into fights with someone. No one is perfect.
 
mikekite86 said:
Don't worry, we are all human. If you had your citizen ship, and did crimes they can't take that away from you unless you did something major. I know someone whos from Europe, and has 3 felonies already, but has been a citizen since a child. Go figure. And its only human to get into fights with someone. No one is perfect.
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Thank you. I will continue to make updates here just in case someone else is going through a similar situation.
 
MGM said:
You will not be detained during finger printing. They will not also come for you. However, do remember that domestic violence is the only crime that does not fall under the petty offence exemption as somebody else suggested. You need to consult an attorney and prepare your case. During your interview, they may tell you that they are referring your case to immigration court where an immigration judge will decide your case. In most likely case, they will not detain you. But to be on the safe side, I think you should have your attorney with you during the interview. Good Luck.
MGM
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I managed to have a brief telephonic conversation with the lawyer that I will be consulting with about my case (my in-person appointment with him is not until the last week of March). He mentioned that it would be 'highly unlikely' for me to be arrested or detained during my fingerprinting appointment. He also said it was highly unlikely that I will be picked up without notice or warning.
 
I don't know if anyone is reading this thread anymore, but here is another update:

1. I spoke with an immigration attorney who practices in the immigration courts here and he said that based on my case the chances of being detained / deported are slim. He believes that my Green Card will be approved after the interview process. To be on the safe side, I have retained his services to accompany me to the interview, whenever that is.

2. The latest update is that my EAD card production has been ordered. In addition, my AP has been approved. I guess these are good signs?
 
letsien said:
Congratulations!!!
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Thank you both! (letsien and simsd) While this is 'progress' I still believe that the big hurdle will be the actual AOS interview and related process. This is where my misdemeanor charge will come up.

I am optimistic though!
 
Seconchances , so what happend after that , did you go for your interview , did you get ur gc ,.
anyway , my 485 was denied becoz of 2 concictions of domestic violence and 3 not prosecuted cases , i filed a writ of mandamus in the federal court , i have a court date tommorow , so lets see what happens .
 
I 485 and DV

Any further info secondchances.
Your experience at the interview would be helpful.
For me 1 DV case 5yrs back/no conviction..have travelled outside the country multiple times and had 5 EAds and APs approved since/case expunged per court/but I am guessing for immigration purposes will remain on radar
My immigration lawyer says he will arrange for attorney for intreview if needed ( probably will be)
 
hello,
No further developments as of yet. I have not received any information from USCIS after approval of my AP and EAD. I am hoping to hear something soon.

Was your 485 based on marriage or employment? Did they initiate removal proceedings against you?
 
anash said:
Any further info secondchances.
Your experience at the interview would be helpful.
For me 1 DV case 5yrs back/no conviction..have travelled outside the country multiple times and had 5 EAds and APs approved since/case expunged per court/but I am guessing for immigration purposes will remain on radar
My immigration lawyer says he will arrange for attorney for intreview if needed ( probably will be)
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So was your 485 ever approved? What is your current status?
 
congrats secondchances. keep hanging there. keep us posted whats happening at your end? there are people reading your posts.

good luck
 
anash said:
Any further info secondchances.
Your experience at the interview would be helpful.
For me 1 DV case 5yrs back/no conviction..have travelled outside the country multiple times and had 5 EAds and APs approved since/case expunged per court/but I am guessing for immigration purposes will remain on radar
My immigration lawyer says he will arrange for attorney for intreview if needed ( probably will be)
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Did you ever have trouble traveling on AP? How long did they make you wait at the POE every time you returned?
 
I have another update. I received an interview notice for early next year. I am going to be taking my immigration attorney with me, and will also be accompanied by my wife (since this is a marriage-based 485).
 
While "domestic violence" is a deportable offense, it really depends on the way that law is written in your state. ICE can use that charge in some states but not others. ICE isn't going to go to your home or work to arrest you, they are to busy with other things. You might get a NTA in the mail telling you that you will have to appear in from of a judge on a future date. You are better off getting this convict before, rather than after getting your GC. If needed, You should have no problem getting a waiver.


You should be ok! Your pretty much correct that your crime is 'deportable but not inadmissable. If you are going to have problems, they will send a letter, and you will have appeal rights, ICE isn't going to appear on your doorstep until any appeal is past due.

Once you get your GC things change, you will be held to a much higher standard.

secondchances said:
I was arrested 5 years ago for Domestic Violence (non-aggravated
assault, misdemeanor) . I pleaded guilty and accepted a deferred
sentence (which is a conviction for immigration purposes). I was given
2 yrs probation and sentenced to 93 day jail time which was suspended
(which means I didn't serve any time). I completed probation after
attending anger management classes and my case was dismissed. The
maximum sentence for a similar case under the section of law that I
was judged is 12 months.

I have now applied for adjustment of status based on an approved I-130
(marriage to a USC). I have also submitted several court-certified
documentation related to my case and have additional documentation
that I am willing to provide on request. My application has been transferred to NBC and I have a receipt number for all applications.

I understand that my offense is deportable and that I might be put in
removal proceedings which I might be able to appeal.

My question is this: Will I be detained without a formal notification
from DHS / ICE? In other words, will DHS / ICE pick me up from work or
my home without notice and detain me? Or, will I be given a formal
notification like a denial / intent to deny / appear before an
immigration judge?

Based on my research, my crime is 'deportable but not inadmissable'.

I want this information to be better prepared and am really anxious.
Any help will be appreciated.
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